[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR310.6]

[Page 378]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 310--TELEMARKETING SALES RULE--Table of Contents
 
Sec. 310.6  Exemptions.

    The following acts or practices are exempt from this Rule:
    (a) The sale of pay-per-call services subject to the Commission's 
``Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute 
Resolution Act of 1992,'' 16 CFR part 308;
    (b) The sale of franchises subject to the Commission's Rule entitled 
``Disclosure Requirements and Prohibitions Concerning Franchising and 
Business Opportunity Ventures,'' 16 CFR part 436;
    (c) Telephone calls in which the sale of goods or services is not 
completed, and payment or authorization of payment is not required, 
until after a face-to-face sales presentation by the seller;
    (d) Telephone calls initiated by a customer that are not the result 
of any solicitation by a seller or telemarketer;
    (e) Telephone calls initiated by a customer in response to an 
advertisement through any media, other than direct mail solicitations; 
provided, however, that this exemption does not apply to calls initiated 
by a customer in response to an advertisement relating to investment 
opportunities, goods or services described in Secs. 310.4(a) (2) or (3), 
or advertisements that guarantee or represent a high likelihood of 
success in obtaining or arranging for extensions of credit, if payment 
of a fee is required in advance of obtaining the extension of credit;
    (f) Telephone calls initiated by a customer in response to a direct 
mail solicitation that clearly, conspicuously, and truthfully discloses 
all material information listed in Sec. 310.3(a)(1) of this Rule for any 
item offered in the direct mail solicitation; provided, however, that 
this exemption does not apply to calls initiated by a customer in 
response to a direct mail solicitation relating to prize promotions, 
investment opportunities, goods or services described in Secs. 310.4(a) 
(2) or (3), or direct mail solicitations that guarantee or represent a 
high likelihood of success in obtaining or arranging for extensions of 
credit, if payment of a fee is required in advance of obtaining the 
extension of credit; and
    (g) Telephone calls between a telemarketer and any business, except 
calls involving the retail sale of nondurable office or cleaning 
supplies; provided, however, that Sec. 310.5 of this Rule shall not 
apply to sellers or telemarketers of nondurable office or cleaning 
supplies.